NJSBA opposes change to oral argument rights in reconsideration motions

Angela C. Scheck Executive Director at New Jersey State Bar Association
Angela C. Scheck Executive Director at New Jersey State Bar Association
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The New Jersey State Bar Association said on April 10 that it opposes a proposed amendment to Rule 1:6-2(d) which would make oral argument on motions for reconsideration discretionary instead of a right.

This issue is significant because the ability to present oral arguments can affect how cases are decided and ensure fairness in the legal process.

According to the Association, its comments were submitted as part of feedback on the Supreme Court Civil Practice Committee Report. The Association argued against changing current rules that guarantee parties the right to oral argument when seeking reconsideration of court decisions.

The report also noted that the Supreme Court is inviting public comments on another matter: the Midcycle Report from the Rules of Evidence Committee for 2025–2027. This ongoing review process allows stakeholders and members of the public to weigh in on proposed changes affecting courtroom procedures and evidence standards.

Legal observers say these discussions reflect broader debates about balancing judicial efficiency with litigants’ rights. The final decision by the Supreme Court will determine whether parties retain an automatic right to argue their case in person or if judges will have discretion over such requests.



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